[WSBAPT] Financial Institution Requiring Spousal Consent for separate property

[ak at seattle-silvalaw.com]

Law Office of
F.ANDREKITA SILVA
_______________________________________________________

August 25, 2023

Brent,

I can understand the financial institutions demand for spousal consent.  
Prenuptial agreements are often challenged.  They often also suffer some 
defect in the making and are invalidated.

The financial institution does not want to be liable to anyone.

So, ask the wife to sign the consent. If she doesn’t sign, then you know 
what the wife’s position will be in the event of divorce and/ or 
husband’s death.

andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
www.seattle-silvalaw.com

PLEASE NOTE:  I’ve moved to a different floor.  As of April 20, 2023, my 
Suite number is 940 (no longer 2000). My new address is:  1325 Fourth 
Avenue, Suite 940   Seattle, Washington 98101-2509.  All other contact 
information remains the same.






On 25/08/2023 14:18, Brent Williams-Ruth wrote:
> Greetings List Members -
> 
> This week has been a doozy in my world. Here is another.
> 
> Client is making some back-end changes for his Father (the
> Principal's) IRA...switching to new company, all remains the same,
> including the beneficiaries from the original account.
> 
> New financial institution is requiring spousal consent for the
> beneficiary designation as she is not a beneficiary. Principal and his
> spouse have pre-nuptial agreement establishing these funds as separate
> property of the Principal (going back decades).
> 
> Financial institution refusing to budge. Any tips, tricks, suggestions
> on how to get this entity to recognize the pre-nup establishment of
> separate property?
> 
> Brent Williams-Ruth (pronouns: he/him)
> _Attorney-At-Law_
> 
> Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC
> 
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